THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
84. Punishment for false information, mala fide action, etc.–
(1) If a person, in connection with a requirement or direction under this Act, provides any information that is false or misleading, or produces any false document, he shall be liable to be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both.
(2) Any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means shall be liable to be recovered by the appropriate Government in the manner as may be prescribed.
85. Penalty for contravention of provisions of Act.–If any person contravenes any of the provisions relating to payment of compensation or rehabilitation and resettlement, every such person shall be liable to a punishment of six months which may extend to three years or with fine or with both.
88. Cognizance of offences by court.–No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act.
89. Offences to be non-cognizable.–Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence under this Act shall be deemed to be non-cognizable.
90. Offences to be cognizable only on complaint filed by certain persons.–No court shall take cognizance of any offence under this Act which is alleged to have been committed by a Requiring Body except on a complaint in writing made by the Collector or any other officer authorised by the appropriate Government or any member of the affected family.
There is no limitation period given for above stated clauses.
I would like to know can an Individual whose Right has been encroached upon and taken by fraud and fabrication of Documents. Can that person file a complaint case at magistrate court ?
Fake Legal Heir Certificate / Family Member certificate has been used to illegally claim share of other family member.
Please also clarify what provision would be used to recover the illegally claimed compensation ?
98. Notice in case of suits for anything done in pursuance of Act.–No suit or other proceeding shall be commenced against any person for anything done in pursuance of this Act, without giving to such person a month‘s previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amendments.
Do aggrieved has to give notice to the perpetrator or to the office or to the collector ?